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ORDINANCE NUMBER l620(CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 4202B TO THE
SANTA MONICA MUNICIPAL CODE PROHIBITING
ENCAMPMENTS IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. section 4202B is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4202B. Encampment.
(a) No person shall use any public space or
public street for living accommodations, except in areas
specifically designated for such use. "Living accommodations"
shall mean remaining in a public space or public street for
prolonged intervals not ordinarily associated with public space
or public street uses and possessing or storing personal
belongings, not associated with ordinary public space or public
street uses (such as tents, tarpaulins or temporary shelters;
non-City designated cooking equipment such as camping stoves or
portable barbecues; cots, beds, or hammocks; or extra clothing or
other personal items), when it reasonably appears, in light of
all the circumstances, including the quantity of belongings or
other activities in which the person is engaged, that the person
is otherwise using the public space or public street for living
accommodations, regardless of the person's intent or the nature
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of the other activities in which the person may be engaged.
(b) For the purpose of this section:
(1) "Public Space" shall include the
following areas:
(i) Any public park or public beach.
(ii) Any public parking lot or public
area improved or unimproved.
(iii) The Santa Monica Pier.
(2) IIpublic streetU shall include any public
street or public sidewalk including public benches.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect that validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any proportion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City Clerk
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shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance
shall become effective after 30 days from its adoption.
(camp4202)
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Adopted and approved this 14th day of April, 1992.
I hereby certify that the foregoing Ordinance No. ~620(CCS)
was duly and regularly introduced at a meeting of the city
council on the 7th day of April 1992; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
14th day of April 1992 by the following Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Zane
Noes: councilmembers: Abdo, Vazquez
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST:
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City ClerY:../_ _- -----, ~